What is the difference between a full minor guardianship and a limited minor guardianship?
- A full minor guardianship may be initiated by anyone, as long as certain criteria are met.
- A limited guardianship is a voluntary guardianship which may only be initiated by a parent who has physical custody of the child.
- If you are interested in a limited guardianship, please click on the link below.
In order to ask the court for a guardian you must complete a Petition for Appointment of Guardian of Minor (PC651) and file it with the court. A Minor Guardianships Social History (PC670) form must also be completed by the person who wants to be guardian(s) and filed with the petition. The social history form is not public and will be kept confidentially in the probate office.
Notice of hearing for interested parties
It is extremely important that all interested parties be included and their proper address given. If an interested person is missed or not properly served, the hearing can not be held. The parties interested in the appointment of a guardian of a minor are as follows:
- The minor, if 14 years of age or older;
- if known by the petitioner, each person who had the principal care and custody of the minor during the 60 days preceding the filing of the petition;
- the parents of the minor or, if neither of them is living, any grandparents and the adult presumptive heirs of the minor, and
- the nominated guardian.
There may also be certain additional special persons who are interested in a particular proceeding such as a conservator or guardian ad litem. This may include publishing notice on any interested person whose whereabouts are unknown.
Proof of Service
In order for the hearing on your petition to proceed as scheduled, we will need to have proof that complete and adequate notice has been provided to all interested persons. Concerning anyone to whom you give or mail a copy of your petition and the Notice of Hearing, you must record what you did on a Proof of Service.
If you mail a copy of your petition and Notice of Hearing, record the name, the address you used, and the date you mailed them.
If you personally hand the petition and Notice of Hearing to someone, record their name, where you gave them service, and the date and time of service.
Responsibility of a guardian
As either a full or limited guardian, you must file a report every year for each minor under guardianship in your care. The form for this is the Annual Report of Guardian on Condition of Minor (PC 654) (PDF). If you move while the guardianship is in effect, you must inform the court of your new address.